article 356 of indian constitution
Answers
In India, president's rule is the suspension of state government and imposition of direct central government rule in a state. Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants.
When a state government is functioning correctly, it is run by an elected Council of Ministers responsible to the state's legislative assembly (Vidhan Sabha). The council is led by the chief minister, who is the de facto chief executive of the state; the Governor is only a de jure constitutional head. However, during president's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.
Prior to 2019, the constitution of the state of Jammu and Kashmir had a similar system of governor's rule, under its Section 92. The state's governor issued a proclamation, after obtaining the consent of the President of India. After the revocation of Article 370, President's rule applies to Jammu and Kashmir under section 73 (Since Article 356 of Constitution of India does not apply to union territories) of Jammu and Kashmir Reorganisation Act, 2019.
Following its landmark judgment in the 1994 Bommai case, the Supreme Court of India has restricted arbitrary impositions of president's rule.
Chhattisgarh and Telangana are the only states where the president's rule has not been imposed so far.Article 356 is not applicable to Union Territories, so there are many ways by which president's rule can be imposed in different Union Territories with legislative assembly.
Jammu and Kashmir Edit
Until the revocation of Article 370 and bifurcation into two Union territories, President's rule applied after the implication of Governor's rule for 6 months.
After the revocation and bifurcation, the reorganised Union Territory of Jammu and Kashmir is subject to the section 73 of the Jammu and Kashmir Reorganization Act, 2019, which is used to impose President's rule as the Article 356 is not applicable to Union Territories. The provision states:
73. If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,—
(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or
(b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do,
the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of
Jammu and Kashmir in accordance with the provisions of this Act.
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